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(영문) 수원지방법원 평택지원 2020.05.07 2019고단1633
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 46) are persons in internal relations.

At around 19:00 on October 12, 2019, the Defendant, while under the influence of alcohol at the victim’s residence in Pyeongtaek-si C, she heard the horses from the victim, and she saw the victim’s head into a flag, which is a dangerous object in front of the cremation, and led the victim to a flag one time by taking the victim’s head into account a flag, which is a dangerous object in front of the cremation, and led the victim to a more than 10-day treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs, such as a case scene taken by the police officer on the site in a mobile phone;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] the special injury, repeated injury [the category 1] special injury (the special person concerned] mitigated elements: In cases of minor injury, non-influence (including serious efforts to recover damage), or considerable partial damage, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation areas, February through one year [the scope of the recommended punishment corrected by the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the applicable sentencing range in law is inconsistent with the minimum limit of the applicable sentencing range under law, so the minimum limit of the applicable sentencing range under law is inconsistent with the applicable sentencing range).

3. Determination of sentence: The sentence shall be determined in the same way as the sentence is imposed, comprehensively taking into account various factors of sentencing, such as the age, character and conduct, environment, motive for and consequence of the crime, circumstances after the crime, etc., including the confessions of and against the defendant for eight months of imprisonment, one year of suspended sentence, one year of suspended sentence, two times of punishment by a fine for an immigration offense, and the agreement with the victim.

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